News & Analysis as of

Flooding

Section 404 Clean Water Act/Citizen Suit Action: United States District Court Judge Price Marshall (E.D. Arkansas) Addresses...

United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more

Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

by Liskow & Lewis on

The United States Court of Appeals for the Federal Circuit recently issued a significant opinion in a case in which a takings claim was asserted to redress Hurricane Katrina-related flood damage. On April 20, 2018, it...more

Houston’s Floodpains (ahem, Floodplains)

by Zelle LLP on

When Hurricane Harvey headed for Houston, Texans braced for an expected large amount of rain and heavy winds. What they did not expect was the catastrophic flooding that took place in the city....more

Alleged Government Inaction Did Not Amount to Inverse Condemnation and a Compensable Taking

On April 20, the U.S. Court of Appeals for the Federal Circuit decided the case of St. Bernard Parish Government, et al., v. U.S., reversing a decision by the U.S. Court of Federal Claims. The Court of Claims had found that a...more

Post Harvey – Homeowners Face Additional Hurdles in Pursuing Claims

Homeowners facing issues in the wake of Harvey and other Texas storms need to be aware of the recent Texas Supreme Court opinion in Knox v. Eagle Water Management, Inc., that rejected testimony by homeowners as to the cause...more

Podcast Episode 17 - Let's Get It Right - Estimating Construction Costs with Bennett Ratliff

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 17, Bennett Ratliff joins us to talk about estimating construction costs and how a civil engineer can assist with eminent domain valuation...more

Cities and Developers Must Prepare for Climate Change Now

On February 12, 2018, President Donald Trump released his fiscal year 2019 budget proposal entitled “An American Budget.” Though Congress will not implement the proposal in its entirety, it still demonstrates what the Trump...more

What’s New In Federal Flood Case Decisions?

by Pessin Katz Law, P.A. on

Migliaro v. Fidelity National Indemnity Insurance Company - United States Court of Appeals for the Third Circuit 2018 WL 577704 - I. Facts - Anthony Migliaro purchased an SFIP from WYO carrier Fidelity for his New...more

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Businesses Hunt for Coverage for Hurricane Harvey Flooding

by Winstead PC on

Many in the Houston area are keenly aware of the devastating impact the rain from Hurricane Harvey had on the region. There are countless stories of residents and business owners who had never flooded that are now living...more

Changing Times and Climate Change

by Harris Beach PLLC on

As recently reported in The Washington Post and The New York Times, among other news outlets, the City of New York has sued the five (5) largest publicly traded oil companies for their contributions to climate change and the...more

FEMA and New York City are Redrawing the City’s Flood Maps

The Federal Emergency Management Agency (FEMA) and New York City have announced that they will be working together to update the City’s flood flood-300x200maps. The need for updating FEMA’s flood maps has become more than...more

The "Disastrous" Costs of Climate Change

by Tonkon Torp LLP on

"Natural" disasters cost the United States a record amount of $306 billion in 2017, topping the previous record of $215 billion in 2005, the year of Hurricane Katrina. This past year also tied with 2011 for the highest number...more

You Dropped a Bomb (Cyclone) on Me

by Zelle LLP on

Move over Snowmageddon and make way for the “bomb cyclone” which hit the East Coast January 4, 2018. While the official name of this winter storm is “Grayson”, the media focused on the phenomenon (bombogenesis) that...more

Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities

by Downey Brand LLP on

When it comes to how our communities address flood risk and protect populations and economies from flooding, no one government agency is in charge. Instead, there are multiple agencies at the federal, state, and local levels,...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

Congress Moving on Re-authorization and Reform of National Flood Insurance Program

Just in time for Thanksgiving, the U.S. House of Representatives voted last Tuesday to approve House Resolution 2874 entitled the “21st Century Flood Reform Act.” The Act must still pass the Senate and be signed by the...more

National Flood Insurance Program Gets One Step Closer to Renewal

by Locke Lord LLP on

This week, the 21st Century Flood Reform Act (H.R. 2874) passed the House of Representatives and is now headed to the Senate. H.R. 2874 would renew the National Flood Insurance Program (“NFIP”) for an additional 5 years...more

National Flood Insurance Program Is Relieved Of $16 Billion Debt

by Carlton Fields on

On October 26, 2017, President Donald Trump signed H.R. 2266, a disaster relief bill. Pursuant to section 308 of the bill, the Department of the Treasury will forgive $16 billion in debt owed by FEMA under the National Flood...more

Miami Voters Approve "Sea Level Rise" Bond Initiative

Yesterday, Miami voters approved a $400 million dollar general obligation bond initiative with nearly half of the bond money ($192 million) going toward infrastructure projects to specifically, “Reduce Flooding Risks; Improve...more

Claims Stemming from Government Regulated Flooding After Hurricane Harvey

by Zelle LLP on

In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more

In Re: Hurricane Harvey, Inverse Condemnation And Potential Subrogation Actions

by Cozen O'Connor on

I. OVERVIEW - On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over...more

National Flood Insurance Program Reauthorized Through December 8, 2017

by Carlton Fields on

On September 8, 2017, Congress passed legislation extending the National Flood Insurance Program until December 8, 2017. The program was set to expire at the end of September. ...more

Washed Away: What Rights Do You Have When Your Home is Flooded?

by Gray Reed & McGraw on

Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside...more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. :...more

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